Four Seasons Care Homes re safeguarding matters and MCA best interest

Sylvia Rushbrooke made this Freedom of Information request to Care Quality Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Care Quality Commission,
“Can you please give me the following information under the Freedom of
Information Act 2000 re the Private health care company Four Seasons Healthcare and all its subsidiary companies it owns

1 How many Complaints have been made in the last twelve months re Four Seasons Care Homes

2 How many of these have been substantiated.

3 On how many occasions have patients/clients been removed from their care.

4 How many grade 3 pressure ulcers have been reported and who ensures safeguards are raised and RCA and SIF is implemented re grade 3 pressure ulcers and above

5 General re care homes - After relatives raise safeguarding mattes with the CQC re care homes how is any action monitored by the CQC as to what the appropriate safeguarding authority has done, how they respond to CQC alerts and what action is taken by the LA

6 Please can I have a copy of Four Seasons Safeguarding Policy as supplied to the CQC

7 Who at Four Seasons Healthcare is responsible for overall safeguarding policy implementation in their care homes

8 How many residents have died due to pressure ulcer related deaths at FSHC homes in the last 5 years

9 How does the CQC incorporate in its key line inquiries with care homes the MCA best interest and inclusion of LPA and family in care plans etc and what is the specific key line inquiry re best interest recorded decisions and how the service users views are sought

Yours faithfully,

Sylvia Rushbrooke

Information Access, Care Quality Commission

1 Attachment

21 September 2015

 

Our Ref: CQC IAT 1516 0441

 

Dear Ms Rushbrooke

 

I write to acknowledge receipt of your correspondence dated 17 September
2015 in which you made a request for information from the Care Quality
Commission (CQC).

 

Your request is:

 

“Dear Care Quality Commission,

“Can you please give me the following information under the Freedom of
Information Act 2000 re the Private health care company Four Seasons
Healthcare and all its subsidiary companies it owns

 

1 How many Complaints have been made in the last twelve months re Four
Seasons Care Homes

 

2 How many of these have been substantiated.

 

3 On how many occasions have patients/clients been removed from their
care.

 

4 How many grade 3 pressure ulcers have been reported and who ensures
safeguards are raised and RCA and SIF is implemented re grade 3 pressure
ulcers and above

 

5 General re care homes - After relatives raise safeguarding mattes with
the CQC re care homes how is any action monitored by the CQC as to what
the  appropriate safeguarding authority has done, how they respond to CQC
alerts  and what action is taken by the LA

 

6 Please can I have a copy of Four Seasons Safeguarding Policy as supplied
to the CQC

 

7 Who at Four Seasons Healthcare is responsible for overall safeguarding
policy implementation in their care homes

 

8 How many residents have died due to pressure ulcer related deaths at
FSHC homes in the last 5 years

 

9 How does the CQC incorporate in its key line inquiries with care homes
the MCA best interest and inclusion of LPA and family in care plans etc
and what is the specific key line inquiry re best interest recorded
decisions and how the service users views are sought”

 

We can confirm that your request is now being processed in accordance with
the Freedom of Information Act 2000 (FOIA).

 

Please note that CQC does not formally handle or investigate complaints
about the care services we regulate.

 

CQC does however receive information of concern from individuals.
Information of concern is logged by CQC in three different ways:

 

 1. As information of concern

 

 2. As safeguarding information

 

 3. As whistleblowing information

 

I have attached a document which explains the role of CQC in the
regulation of the care services we regulate which you may find useful. The
document also includes advice about contacting other authorities who are
also obliged to consider requests for information under the Freedom of
Information Act 2000.

 

CQC will proceed with processing your request on the basis of providing
you with information relating to the concerns that we have logged on our
systems for Four Seasons Healthcare, and for the remainder of your
request. In the meantime you may wish to refer to any inspection reports
that we have published on our website:

 

[1]http://www.cqc.org.uk/provider/1-116863860

 

CQC will endeavour to respond to you as soon as possible but must legally
do so within 20 working days from the date of receipt of your request, as
required by FOIA.

 

You can therefore expect a response from CQC by no later than the close of
business on 15 October 2015. We will inform you before then if we are
unable to meet this deadline.

 

Some of the information requested may be exempt from disclosure under the
FOIA. Should this occur, we will fully explain the reasons why when we
respond.

 

If you have any queries please do not hesitate to contact us at
[2][CQC request email], quoting our reference number.

 

Yours sincerely

 

 

Amy Stanley

Information Access Officer

Legal Services & Information Rights

Customer & Corporate Services Directorate

 

Care Quality Commission

Citygate

Gallowgate

Newcastle upon Tyne

NE1 4PA

 

Tel: 03000 616161

 

Statutory requests for information made under access to information
legislation, such as the Data Protection Act 1998 and the Freedom of
Information Act 2000, should be sent to:  [3][CQC request email]

 

show quoted sections

References

Visible links
1. http://www.cqc.org.uk/provider/1-116863860
2. mailto:[CQC request email]
3. mailto:[CQC request email]

Sylvia Rushbrooke

Dear Information Access,
Thank you for information received to date.
I understand the process outlined but not where to go when service providers ignore the process and service users continue to suffer

Matters were reported to the CQC by several relatives of residents and a visitor to this care home

Complaint policy requests were made to the care home management and HO of FSHC and ignored as were requests for other policies and as the CQC is aware

Complaints were made re the care to FSHC management and HO that have not been addressed or acted upon going back to last September 2014 as the CQC is aware

The funding authority is also aware of those outstanding complaints to date and has made no comment to date including photos sent of poor care - photos of poor care were also sent to the CQC and the care home and HO - no comment re those photos to date
The CQC has been kept informed of all to date

This home has now announced it will close in December but to date has ignored all matters relating to poor care and all 3 CQC inspections since it opened as a brand new home in September 2013 found this home inadequate - but still no accountability or responsibility by the home and no response or action re relatives complaints.
No doubt it will close and no action will ever be taken re this home or the owners....
making the reporting process impotent and merely academic

Yours sincerely,

Sylvia Rushbrooke

Charlotte Peters Rock left an annotation ()

Possibly time for large placards, outside the home and the CQC? If you keep moving about you should, I believe, be within the law of protest?

Otherwise, raise this strenuously with your Local Authority, Local Clinical Commissioning Group, and local HealthWatch, all of which also have the remit to ensure that good care exists within the commercial sector.. and can go into the home with or without notice.

Take names of those you report it to.. and make sure that you go back to them to ensure they have acted.. rather than sitting on their hands.

You can also band together with other friends/relatives/LPAs of residents to approach the matter as a group.. if they will do it.

Sylvia Rushbrooke left an annotation ()

Dear Charlotte Peters Rock left an annotation (12 October 2015)
Re your annotation

Possibly time for large placards, outside the home and the CQC? If you keep moving about you should, I believe, be within the law of protest?

The home has decided to close no doubt to avoid accountability and responsibility
We as service users seeking a home for loved ones are not allowed to be told how many safeguarding have been made against a home so we cannot check how safe it is

Otherwise, raise this strenuously with your Local Authority,
I have the content of such matters ignored

Local Clinical Commissioning Group,
I have the content of such matters ignored

and local HealthWatch,
I have the content of such matters ignored

all of which also have the remit to ensure that good care exists within the commercial sector.. and can go into the home with or without notice.

The CQC failed this home on the 3 inspections it did since the home opened Sep 2013
multiple relatives complained to the home and the CQC who do not accept individual complaints (and the LA) perhaps why so many service users get hurt in one place before it gets to the press or gets addressed
no where for service users to go to get action
Homes that do not respond to complaints then they do not have to admit anything is wrong
I have complaints re this home outstanding since Sep 2014 none acted on to date with photos of poor care
Health watch LA funded not interested either passed from pillar to post whilst no action is taken
Written to MP ministers Councillors all silent in their response holding emails pushing into long grass

Take names of those you report it to.. and make sure that you go back to them to ensure they have acted.. rather than sitting on their hands.
They all sit on their hands no one will admit anything

You can also band together with other friends/relatives/LPAs of residents to approach the matter as a group.. if they will do it.
They keep us separate so we cannot communicate residents meetings were relatives were not informed minutes edited to leave out certain issues raised - the CQC should attend residents meetings they might get the truth then some homes have no residents meetings

After raising multiple concerns re staff of was accused of abusing my mum and of course intimidating and harassing staff I am now in the COP with no legal help see compassion in care web site many relatives accused of the same thing as a defence against reporting real care issues

There are Acts out there to protect service users mostly ignored by the authorities a post code lottery depending on where you live some good some not no National standard adhered to in spite of the deluge of guidelines and recommendations by many official organizations checked your posting re LPA who are nearly always bypassed and ignored
Seemingly no one interested in actual compliance of the numerous Acts in place

Charlotte Peters Rock left an annotation ()

Local Authority is the Supervisory Authority under Mental Capacity Act 2005, for Deprivation of Liberty 2009 (which is currently noted to be an utter shambles). Law Commission is currently recording Deprivation of Liberty legislation in opération.. and is looking for your input. Look it up and have your say.

Otherwise, the home, as Managing Authority, has à duty to safeguard, that safeguarding being legally superviséd by the Local Authority.

Make an urgent appointment to see the person at the Supervisory Authority, who is in chargé of Deprivation of Liberty.. and raise hell. Incombe your local councillor and local journalist, if you think any help might come from there. Make sure you have at least one witness who will write down what is saïd, and get à method of recording it. Most mobile phones will record for an hour. If the person is not being safeguarded by Deprivation of Liberty legislation the Local Authority could be threatened with the Court of Protection ..preferably publicly.
.I wish you well.
You should be able to turn up at Local Authority full council meetings and scrutiny committee meetings and at local Clinical Commissioning Group Meetings.. to ask your awkward questions, in public, during the question times on the Agendas..and at the same time, demand à meeting with. Director of Adult Services (LA) and Chief Exécutive and Chair (CCG) to thrash this out..

Information Access, Care Quality Commission

1 Attachment

13 October 2015

 

Our Ref: CQC IAT 1516 0441

 

Dear Ms Rushbrooke

 

I write in response to your correspondence dated 17 September 2015 in
which you requested information from the Care Quality Commission (CQC).

 

Please see our response to your request attached.

  

I hope that this response is helpful to you.

 

Feedback

 

CQC will always endeavour to provide the highest quality responses to
requests for information and seek to provide responses that are as helpful
as possible. We would therefore appreciate if you can complete our online
feedback form by visiting the following website:

 

[1]http://webdataforms.cqc.org.uk/Checkbox/...

 

Any information you provide will be held securely and only used for the
purposes of improving the Information Rights service that CQC provide.

 

If you have any queries please do not hesitate to contact the team at
[2][email address].

 

Regards

Amy

 

Amy Stanley

Information Access Officer

Legal Services & Information Rights

Customer & Corporate Services Directorate

 

Care Quality Commission

Citygate

Gallowgate

Newcastle upon Tyne

NE1 4PA

 

Tel: 03000 616161

 

Statutory requests for information made under access to information
legislation, such as the Data Protection Act 1998 and the Freedom of
Information Act 2000, should be sent to:  [3][CQC request email]

 

 

 

show quoted sections

References

Visible links
1. http://webdataforms.cqc.org.uk/Checkbox/...
2. mailto:[email address]
3. mailto:[CQC request email]

Sylvia Rushbrooke

Dear Information Access,
Thank you for your help
re http://www.cqc.org.uk/provider/1-116863860
this link only shows a handful of the 500 homes that Four Seasons have please advise if there is a simple way to gain access to the reports of all FSHC homes as requested?

I understand the CQC does not take individual complaints and as per your response neither does the CCG leaving care homes to investigate themselves and report themselves re safeguarding,
when homes fail to respond to complaints where does that leave relatives and residents to go to?
The CQC gathers information to pass to others that does not get acted upon and fails the resident of such care homes.
Part of CQC inspection re complaints handling; if the CQC know a home is not acting on complaints what happens next with that information?

Yours sincerely,

Sylvia Rushbrooke

Information Access, Care Quality Commission

Dear Ms Rushbrooke

Four Seasons Healthcare (the organisation/BRAND) actually operate approximately 338 locations through 83 providers (list below).

www.cqc.org.uk/provider/1-116863860

The CQC website provides a list of the locations where care is provided by Four Seasons Healthcare. Unfortunately there is no way of accessing inspection reports without visiting the webpage of each Four Seasons provider.

The names of each provider is:

Four Seasons (Bamford) Limited
Tamaris Healthcare (England) Limited
Four Seasons Health Care (England) Limited
Four Seasons 2000 Limited
Four Seasons (Evedale) Limited
Laudcare Limited
Four Seasons Homes No.4 Limited
Four Seasons (Granby One) Limited
Four Seasons (DFK) Limited
Grandcross Limited
County Healthcare Limited
Four Seasons (No 11) Limited
Four Seasons (No 10) Limited
Ringdane Limited
Cotswold Spa Retirement Hotels Limited
Four Seasons (No 7) Limited
Acegold Limited
Four Seasons Homes No.3 Limited
Four Seasons (No 9) Limited
Speciality Care (REIT Homes) Limited
Tamhealth Limited
Alliance Care (Dales Homes) Limited
Lawton Group Limited
Tamaris (South East) Limited
Four Seasons Homes No. 6 Limited
Four Seasons Health Care Properties (Frenchay) Limited
Lunan House Limited
Tameng Care Limited
Alliance Care (Trendlewood) Limited
Keslaw Limited
Springfield House (Oaken) (2001) Limited
Four Seasons (Granby Care) Limited
Crabwall Claremont Limited
Four Seasons (No 13) Limited
Four Seasons Rosedale Limited
Four Seasons Homes (Ilkeston) Limited
Tamaris (England) Limited
Four Seasons Beechcare Limited
Doulton Court Limited
Granby At Home Limited
Four Seasons (Emmanuel Christian Care Home) Limited
Irvine Care Limited
Elm Bank Healthcare Limited
Avery Mews Limited
Hothfield Manor Limited
Tamaris Management Services Limited
Broadway Halls Care Services Limited
Cedars Health Care Limited
Tamcare Limited
Tamaris Care Properties Limited
Avery House Healthcare Limited
Alphacare Holdings Limited
Boroughbridge Manor Limited
Regency House Limited
Westview Lodge Limited
FSHC Newco 2 Limited
Leeming Bar Limited
Granby Holdings Limited
Regency House (2001) Limited
Four Seasons (H2) Limited
Tewkesbury Care Home Limited
Laurels Lodge Limited
Avery Lodge Limited
Four Seasons (FJBK) Limited
Bamfield Lodge Limited
Four Seasons Cherry Tree Homes Limited
Brampton View Limited
Four Seasons Homes No. 1 Limited
Cepen Lodge Limited
FSHC Newco Limited
Cookridge Court Limited
Bewick Waverley Limited
Hall Park Healthcare Limited
Tamaris (Ram) Limited
Scarborough Hall Limited
Four Seasons (No 12) Limited
Atlas Healthcare Limited
Lawton Manor Care Home Limited
Highfields Care Home Limited
Leeland Limited
Lawton Rise Care Home Limited
Tamaris (Templemoyle) Limited
Idun Management Services Limited

With regards to your questions about complaints, you may find it useful to read the CQC website for guidance on how we use the information we receive:

www.cqc.org.uk/content/how-we-use-inform...

As advised in our earlier correspondence, please can you direct any further queries to our Enquiries mailbox so it is actioned appropriately by the relevant team? You can contact them at [email address] or by calling 03000 616161.

If you wish to make further requests for recorded information, please contact the Information Access team at [CQC request email].

Regards
Amy

Amy Stanley
Information Access Officer
Legal Services & Information Rights
Customer & Corporate Services Directorate

Care Quality Commission
Citygate
Gallowgate
Newcastle upon Tyne
NE1 4PA

Tel: 03000 616161

Statutory requests for information made under access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [CQC request email]

show quoted sections

Sylvia Rushbrooke

Dear Information Access,
Thank you for the information that Four Seasons Healthcare (the organisation/BRAND) actually operate approximately 338 locations through 83 providers (list below).

Please can you send me a list of all 338 locations/homes etc

Please advise if there is a simple way to gain access to the reports of all 338 FSHC homes as requested?

Yours sincerely,

Sylvia Rushbrooke

Information Access, Care Quality Commission

1 Attachment

Dear Ms Rushbrooke

Please see attached a spreadsheet listing all locations under the Brand - Four Seasons Group. This is an extract taken from our website directory of all services registered with us which can be found here: http://www.cqc.org.uk/sites/default/file...

Unfortunately there is no way of downloading every inspection report for all 337 locations easily. The only way we know how you can do this is to visit the location page of each service listed. To do this quickly you should enter into the address bar of your internet browser:

http://www.cqc.org.uk/location/ then add the location ID from column A

i.e for row 8 the link will be http://www.cqc.org.uk/location/1-1033394...

You can then visit the reports section and download any inspection reports you require.

We hope this is helpful to you.

Kind Regards

Information Access Team
Legal Services & Information Rights
Care Quality Commission
Citygate
Gallowgate
Newcastle Upon Tyne, NE1 4PA

Fax: 03000 200 240

The Care Quality Commission is the independent regulator of all health and adult social care in England. www.cqc.org.uk. For general enquiries, call the National Customer Service Centre (NCSC) on 03000 616161 or email [email address].

Statutory requests for information made under access to information legislation such as the Data Protection Act 1998 and the Freedom of Information Act 2000 should be sent to: [CQC request email].

show quoted sections

Sylvia Rushbrooke

Dear Information Access,
Hi many thanks fro help to date
So in order to access all the inspections for this provider each one has to be accessed individually
I have to search over 300 separately?

I see that York Court Battersea still has the name of the manager who left in July 2014 - the CQC were informed of this last year

Yours sincerely,

Sylvia Rushbrooke

Information Access, Care Quality Commission

Dear Ms Rushbrooke

Unfortunately we have no facility on our website that allows for bulk download of reports. Therefore you would need to download them individually.

You are also again raising concerns about an individual service. We have previously advised you to raise concerns directly to [email address] as our inspection teams cannot respond to you via the what do they know website. This website should only be used for making Freedom of Information Act 2000 requests and you are in breach of what do they knows terms and conditions by continuing to raise concerns outside of the FOIA process.

Kind Regards

Information Access Team
Legal Services & Information Rights
Care Quality Commission
Citygate
Gallowgate
Newcastle Upon Tyne, NE1 4PA

show quoted sections

Sylvia Rushbrooke

Dear Information Access,
The information received to date says cqc regulates and has registered FSHC and it actually operate approximately 338 locations

through 83 providers (different company names)

plus the Huntercoombe stated below with facilities of 48
making 386??

Four Seasons Health Care annual report 20214 states it is;
a national network of around 360 homes
plus brighterkind, do they have care homes registered?
a group of homes offering high quality elderly care together with hotel standard services and
activity programmes designed for residents who see the option of a care home as a life enhancing choice; plus the The Huntercombe Group which states on their web site;
FSHC has 500 facilities; Huntercoombe is about 48 facilities

The web site states the following;
The Huntercombe Group is a Division of Four Seasons Health Care, who are one of the largest independent care providers in the UK with over 500 nursing and care homes in the UK. Four Seasons' experience dates back over 20 years and the company has firmly established a reputation for professionalism in all aspects of its operations. Four Seasons Health Care and The Huntercombe Group collectively cares for over 20,000 elderly and vulnerable people in the UK and employ over 30,000 staff.

How many facilities do FSHC umbrella over in total that are regulated by the CQC
is it 338
386
or 500 as the company claims it has

Or do not all facilities have to be registered with the CQC?
Yours sincerely,

Sylvia Rushbrooke

Information Access, Care Quality Commission

Dear Ms Rushbrooke

 

In terms of what does and does not require registration with the Care
Quality Commission, I can only offer you a basic explanation. Should you
wish to discuss the registration around the services you mention below you
will need to contact [1][email address], who will be best
placed to respond to your questions. These are not matters that can be
responded to via the What Do They Know website, despite your persistent
contact via the website.

 

The requirement to register with CQC

 

Care service providers must register with CQC if they are carrying on
“regulated activities”.

 

CQC has published information about registration on our website:

 

[2]www.cqc.org.uk/content/what-registration

 

“Regulated activities” are listed in Schedule 1 of the Health and Social
Care Act 2008 (Regulated Activities) Regulations 2014. They are:

 

·         Personal care

·         Accommodation for person who require nursing or personal care

·         Accommodation for persons who require treatment for substance
misuse

·         Treatment of disease, disorder or injury

·         Assessment or medical treatment for persons detained under the
Mental Health Act 1983

·         Surgical procedures

·         Diagnostic and screening procedures

·         Management of supply of blood and blood-derived products

·         Transport services, triage and medical advice provided remotely

·         Maternity and midwifery services

·         Termination of pregnancies

·         Services in slimming clinics

·         Nursing care

·         Family planning services

 

There are definitions of each of these regulated activities and more
information in our guidance titled “[3]The scope of registration”.

 

It is a criminal offence to provide any of the types of service we
regulate without being registered.

 

We use the term “registered provider” to mean the legal entity responsible
for carrying on the health or adult social care services we regulate. The
legal entity can be one of three types of provider: individuals,
partnerships or organisations.

 

A “location” is a place in which, or from which, regulated activities are
provided or managed.

 

Therefore unless a service is carrying out a regulated activity, it will
not require registration under the Health and Social Care Act regardless
of the title or name it may have been given by its owners.

 

Services registered with CQC

 

You can access details of all services registered with CQC via our website
here:
[4]http://www.cqc.org.uk/content/how-get-an...

 

The spreadsheet listing all registered services is found here:
[5]http://www.cqc.org.uk/sites/default/file...

 

We have previously answered your question about how many services falling
under the Four Seasons Brand and will not comment on this any further.

 

Raising Concerns about unregistered services

 

If you have concerns that a service is carrying out a regulated activity
whilst unregistered, you can raise such concerns here:
[6]http://www.cqc.org.uk/content/report-unr...

 

Kind Regards

 

Information Access Team

Legal Services & Information Rights

Care Quality Commission

Citygate
Gallowgate
Newcastle Upon Tyne, NE1 4PA

 

Fax: 03000 200 240

The Care Quality Commission is the independent regulator of all health and
adult social care in England. [7]www.cqc.org.uk. For general
enquiries, call the National Customer Service Centre (NCSC) on 03000
616161 or email [8][email address].
 
Statutory requests for information made under access to information
legislation such as the Data Protection Act 1998 and the Freedom of
Information Act 2000 should be sent to: [9][CQC request email].

 

show quoted sections

Sylvia Rushbrooke

Dear Information Access,
Thank you I was trying to confirm with you the accurate number of FSHC cqc registered facilities due to the difference between numbers supplied and number quoted on their web sites
Confirmation of correct numbers would be much appreciated

Yours sincerely,

Sylvia Rushbrooke

Information Access, Care Quality Commission

Dear Ms Rushbrooke

CQC have confirmed this to you previously. If you need further explanation as to the discrepancy you have identified you should contact Four Seasons Healthcare directly or email [email address]

The Information Access Team's role is to advise and provide what information is held by CQC and as advised all registered locations are listed on our website. 337 of these are recorded under the Four Seasons Brand. We cannot confirm anything further to you in this regard via the What Do They Know website.

Regards

Information Access Team
Legal Services & Information Rights
Care Quality Commission
Citygate
Gallowgate
Newcastle Upon Tyne, NE1 4PA

Fax: 03000 200 240

The Care Quality Commission is the independent regulator of all health and adult social care in England. www.cqc.org.uk. For general enquiries, call the National Customer Service Centre (NCSC) on 03000 616161 or email [email address].

Statutory requests for information made under access to information legislation such as the Data Protection Act 1998 and the Freedom of Information Act 2000 should be sent to: [CQC request email].

show quoted sections

Steven King left an annotation ()

I saw a programme - last week I think on BBC Parliament - maybe now in i player, where the CQC was under the thorough scrutiny of a Parliamentary Committee , and not only the current CQC CEO but also a senior figure from DOH were being ' questioned ' . The committee were told the CQC ' WAS ' a shambles, note the ' WAS ' ? ? ?

Clear CQC is 'encountering difficulty' - ( in my opinion not releasing the entire truth of records and documents currently held ? )- another person denied their current Legal Rights it would appear ?

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